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PEOPLE v. BIBBS
Appellate Division of the Supreme Court of New York, First Department.
Apr 12, 2005
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As the People concede, after granting defendant's CPL 440.20 motion to set aside sentence, the court should not have resentenced defendant without conducting a new sentencing proceeding at which defendant and his counsel would be present and have the opportunity to be heard ( People v. Green, 54 NY2d 878).
In view of the remand for resentencing, it is unnecessary to determine whether defendant's sentence is excessive.
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